Specifically, this case presents the question of whether, in the absence of any evidence of a negative impact on the job responsibilities of a federal civilian employee, an employing agency may remove the employee for lawful, off-duty conduct based on claims of a purported loss of trust or confidence that reflects the mores of agency officials.
AFGE argues in its Petition for a Writ of Certiorari [Case Nol. 00-1496] that, “…Allowing the federal employer to remove an employee for off-duty conduct because of claims of lost trust or confidence, colored by the distaste experienced by agency officials in response to that off-duty conduct, is tantamount to eliminating the nexus requirement in its entirety.”
AFGE points out in its Certiorari that, “…the claims of lost ‘trust and confidence’ are nothing more than the expressions of personal displeasure by management officials. Under the decisions of federal appellate courts other than the Federal Circuit, such evidence would be deemed insufficient to meet the nexus requirement.”
The American Federation of Government Employees, AFL-CIO, is the largest union for government employees, representing 600,000 federal workers in the United States and overseas, as well as employees of the District of Columbia. Go to www.afge.org for more information about AFGE.